Affiliations

Admissions

Few choices are more important to a company or individual than the counsel they select when faced with a government investigation, potential indictment, or trial. Michael's significant experience defending entities and individuals in high-profile, bet-the-company matters makes him a clear choice when so much is at stake. His clients benefit from his years of experience on both sides of the courtroom, as well as his deep-rooted commitment to the successful outcome of each matter he handles.

Michael's national white collar practice includes matters involving the Foreign Corrupt Practices Act, criminal antitrust matters, health care fraud, securities fraud, tax fraud, and political corruption, as well as internal investigations. His clients have included private and public corporations in various industries, including life sciences and the financial sector, officers and directors of private and public corporations, professionals, and state and federal officials.

Chambers USA ranks Michael in Band 1 in White Collar Crime and Criminal Investigations, stating that he "receives extensive praise from commentators, who describe him as 'brilliant, direct, and tenacious,'" while also noting that he "understands legal strategy and is exceptionally able."

Michael's broad experience in white collar criminal matters, including trial, has resulted in his retention in many sophisticated civil litigation matters involving securities and corporate litigation. He frequently represents plaintiffs in securities class actions and has reached settlements for his clients ranging from $84 million to $1.3 billion. Michael is the immediate past chair of Lowenstein’s litigation practice, leading the department from 2007 to 2017.

Michael served as an Assistant District Attorney in Bronx County, New York, and an Assistant U.S. Attorney for the District of New Jersey, where he led the prosecution and conviction of a New Jersey state senator, a former speaker of the state legislature, and a number of union officials. He currently serves on the Advisory Board for the Association of the Federal Bar of New Jersey and is a member of the Federal Bar Council, Second Circuit.

EXPERIENCE

White Collar & Government Investigations

Successfully represented numerous entities accused of FCA and FCPA violations. Recently secured a deferred prosecution agreement for a global company that provides engineering and environmental consulting services to various federal, state, regional, and local governmental and quasi-governmental agencies. The case was initially brought as an FCA qui tam matter, which led to an investigation of alleged FCPA violations. The lead enforcement agencies were the U.S. Department of Justice and the U.S. Attorney's Office for the District of New Jersey.

Successfully represented numerous individuals in the banking and securities industries who were the targets of investigations conducted by the DOJ and the SEC. Currently representing a client in connection with an SEC investigation concerning the potential mismanagement and/or misappropriation of funds of a multibillion-dollar international hedge fund.

Successfully represented audit committees of public companies in connection with internal investigations related to DOJ and SEC inquiries.

Successfully represented individuals who were the subjects of alleged tax-fraud violations.

Successfully represented individuals in political corruption investigations and prosecutions.

Successfully represented many individuals and entities in connection with Bernard L. Madoff-related investigations. Currently representing an agency of an international state in defending against a bankruptcy adversary proceeding arising from the Madoff Investment Securities recovery.

Business Litigation

Represented the State of New Jersey as special outside counsel in the State’s lawsuit against Volkswagen, Audi, and Porsche for their role in a massive consumer fraud scandal known as “dieselgate.” Successfully negotiated a settlement of all claims for a total of $69 million for New Jersey.

Successfully represented a partner in business dispute concerning a large apartment complex; obtained judgment in excess of $50 million against defendant managing partner for civil racketeering offenses, fraud, breach of fiduciary duty, and breaches of the partnership agreement and partnership law.

PRESS MENTIONS

January 31, 2019

Michael B. Himmelis quoted in Law360discussing the criminal charges China's Huawei Technologies Co. Ltd. is facing over a supposed trade secrets heist from T-Mobile USA Inc. and an alleged misrepresentation over Huawei’s dealings with Iran. Huawei allegedly conducted a fake internal investigation, attempting to shift blame to rogue employees in an effort to avoid litigation and potential prosecution. Himmel states that the alleged actions form a novel basis for an obstruction of justice charge against the company, noting that these actions were “outside of the box” for a company trying to fend off a civil case.

January 4, 2019

Michael B. Himmel is quoted in Bloomberg Lawin an article discussing the President’s Attorney General nominee William Barr and his plans for the Department of Justice’s corporate crime enforcement. Himmel comments on Barr’s relationship with Deputy Attorney General Rod Rosenstein, the revised Yates policy, and the new collaboration between DOJ prosecutors and the SEC when investigating corporate crime matters.

December 12, 2018

Michael B. Himmel is quoted in The Anti-Corruption Report in an article discussing Vantage Drilling International’s settlement charges with the SEC. Himmel analyzes the case and provides insight as to what Vantage could have done in order to obtain a different outcome. (subscription required to access article)

October 3, 2018

The Anti-Corruption Report quotes Michael B. Himmel in an article discussing United Technologies Corporation’s bribery-related settlement with the U.S. Securities and Exchange Commission. Himmel comments on how the government views the legitimacy of certain corporate entertainment and other expenses, the importance of corporate self-reporting, factors the SEC weighs in calculating civil penalties, and impediments to the Department of Justice in building a case against a company that does business overseas. (subscription required to access article)

Michael Himmel comments in The Wall Street Journalabout whether HSBC Holdings should be ordered to publicly disclose its compliance monitor's report in the wake of its 2012 money laundering settlement.

January 14, 2016

Michael Himmel is mentioned in Law360 in connection with his representation of Heidi Piao in the recent UN bribery case.

May 2014

In Compliance Week, Michael Himmel comments on the rise of derivative and shareholder class action lawsuits brought against companies that have faced FCPA investigations.

April 15, 2014

In Compliance Week, Michael Himmel comments on the increasing number of FCPA investigations in industries that have not traditionally been subject to FCPA enforcement actions.